S.D. Tuder Fernando vs Jayathissa Gamage – CA PHC NO.147/2006-2013

The case between S.D. Tuder Fernando (Appellant) and Jayathissa Gamage (Respondent) addressed the issue of whether an appeal should proceed when the appellant failed to deposit court-ordered brief fees. The court held that the appeal stands rejected due to procedural noncompliance, specifically the appellant’s failure to deposit the requisite fees after notice was issued. This decision reaffirmed the principle that adherence to procedural requirements is mandatory for the continuation of appeals. The ruling relied on the enforcement of court orders regarding brief fees, emphasizing that noncompliance with such orders results in procedural dismissal of the appeal.

A.W.A.Salam J. — It was determined that notice had been issued to the appellant directing the deposit of brief fees, and that